ARTICLE 16 CPLR

Often in personal injury actions, there are multiple parties involved. It is not uncommon in motor vehicle accidents to have multiple wrongdoers/defendants (also known as tortfeasors). In 1966, Article 16 was added to the New York CPLR (Civil Procedure Laws and Rules). It adjusted the liability of tortfeasors in an action. However, Article 16 does not govern economic damages, such as lost income or medical expenses. Nor is it applicable to wrongful death suits or property damage cases.

Article 16 does modify the doctrine of joint and several liability which holds each joint defendant responsible for the full amount of the judgment regardless of percentage of fault. Article 16 is an affirmative defense for defendants, apportioning liability of persons jointly liable for non-economic damages in a personal injury action. Therefore, under Article 16, a joint tortfeasor may be responsible for either part of the judgment or all of it. So, if it is found that a joint tortfeasor is less than 50% liable, the joint tortfeasor is only responsible for his/her share of the non-economic damages such as pain and suffering and loss of consortium for which he/she is culpable. However, if the joint tortfeasor is found to be more than 50% liable, he/she will still joint and severally liable for the entire amount of non-economic damages, along with the other joint tortfeasors.

A defendant may be able to recover from another joint tortfeasor in the action if he/she paid more than his/her proportionate share of the non-economic damages. As such, Article 16 protects defendants and limits their liability when other tortfeasors are involved. The burden is on the defendant to invoke Article 16 and prove that he/she is not wholly liable for the damages. Article 16 only protects tortfeasors who are negligent. It does not provide protection for reckless or intentional actions that caused a plaintiff injury. Article 16 cannot be invoked against tortfeasors over whom the court cannot obtain personal jurisdiction, or any other wrongdoers who are not parties in the action. See the statute below.

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: (February 24, 2019)

§ 1600. Definitions. As used in this article the term “non-economic loss” includes but is not limited to pain and suffering, mental anguish, loss of consortium or other damages for non-economic loss.